Rebecca John, counsel for former Indian pacer S. Sreesanth arrested and lodged in Tihar Jail on charges of spot-fixing in the Indian Premier League, has criticised the Delhi Police’s decision to invoke the provisions of the Maharashtra Control of Organised Crime Act (MCOCA) against Sreesanth and fellow cricketers.

“MCOCA is a draconian Act, the provisions of which are completely inapplicable to the facts and circumstances of the present case. There is no organised crime involved in this case,” Ms. John told The Hindu over phone.

She accused the Delhi Police of invoking the provisions of the Act singularly to defeat Sreesanth’s right to get bail. “Delhi Police’s position in this matter is completely untenable,” the senior Supreme Court lawyer said.

It is not clear how Delhi Police can apply provisions of an Act passed by Maharashtra legislature, which by definition would be available only to the Maharashtra police for crimes committed within Maharashtra state. Also, isn't a judge required to consent to the application of one or the other Act in framing of charges against accused? Police cannot unilaterally decide this.